The purposes of this article are as follows:

(a)

To achieve the community-wide goal of developing the visual appeal of public/private open space as stated in the City of Peoria's Comprehensive Plan.

(b)

To aid in stabilizing the City's ecological balance by contributing to the process of air purification, oxygen regeneration, ground water recharge, and stormwater runoff retardation, while at the same time aiding in noise, glare, wind, and heat abatement.

(c)

To provide buffering between single-family land uses and multiple-family, office, commercial, and industrial land uses.

(d)

To ensure that the local stock of trees and other vegetation is replenished.

(e)

To safeguard and enhance property values and to protect public and private investment.

(f)

To preserve and protect the unique identity and environment of the City of Peoria and preserve the economic base attracted to the City of Peoria by such factors.

(g)

To provide for the preservation of larger existing trees which provide a valuable amenity to the urban environment, and once destroyed, can only be fully replaced after generations.

(h)

To conserve energy.

(i)

To reduce soil erosion and promote the preservation of existing natural vegetation, thereby reducing sedimentation of the Illinois River.

(j)

To enhance the health and resilience of the urban landscape trees and shrubs by promoting appropriate and diverse plant materials.

(k)

To protect the public health, safety, and general welfare.

The requirements of this article are intended to provide a minimum amount of landscape material as a means of fostering the above objectives while providing flexibility in landscape design.

(Ord. No. 13670, § 1, 1-18-94; Ord. No. 15603, § 1, 3-23-04)

The landscaping requirements set forth in this Article 16 shall apply to all zoning districts as specified herein including overlay districts.

All landscape plans are subject to review, comment, and, where appropriate, modification by the Zoning Administrator or Site Plan Review Board.

(Ord. No. 13670, § 1, 1-18-94; Ord. No. 13813, § 1, 9-20-94)

All landscape plans shall fully meet the following performance standards in order to receive approval from the Site Plan Review Board.

(1)

Landscaping shall not hinder the vision of motorists and pedestrians necessary for safe movement into, out of, and within the site.

(2)

Landscaping materials shall be selected and placed in such a manner that they do not interfere with or damage existing utilities.

(3)

Landscaping materials shall be selected and placed so that the safe and enjoyable use of surrounding properties is not inhibited.

(4)

Landscaping shall be selected and placed with a sensitivity toward the ultimate size that will be achieved over time.

(5)

Landscaping with thorns, berries, and other harmful plant characteristics shall be carefully placed to avoid potential harm to people or property on and off-site.

(6)

Weak wooded trees shall only be used where limb breakage will not cause harm to property or life.

(Ord. No. 13670, § 1, 1-18-94)

The amount of all required landscaping shall be calculated by utilizing the point system described herein. If the applicant decides to create a landscape design by a different means than the point system they may do so through the alternative compliance provisions described in Section 16.5. of this article. Examples of reasons to seek alternative compliance could include wooded streams, ravines, or areas with extensive natural vegetation.

The landscaping requirements of this Article shall be based on formulas found herein. The requirements for a given yard or parking lot shall be the total of all equations listed under the applicable Section.

In calculating any requirement in this Article 16, should a fraction result of one-half (0.5) or greater, it shall be rounded up to the next whole number.

The following point allocations shall apply for all required landscaping:

Incentive points for preserving existing landscaping are outlined in Section 16.4.d. Trees and shrubs for which points cannot be earned are listed in Section 16.7.b. Exotic, invasive woody plants which must be removed from the site are listed in Section 16.7.c.

16.4.a. Front and Corner Side Yard Landscaping. All developed zoning lots other than those zoning lots that are located within a single-family zoning district or zoning lots developed as single-family or duplex, shall provide front and corner side yard landscaping as provided for in this section. (Townhouses and condominiums shall not be considered as single-family or duplexes.)

(1)

The number of points that must be achieved through landscaping for front and corner side yards shall be based on the overall length of the lot frontage as measured along the property line divided by two (2). For example, if the front or corner side lot frontage of a property is two hundred twenty (220) feet in length, then 110 points must be achieved through landscaping.

(2)

One-half (½) of the points for front and corner side yard landscaping must be achieved by utilizing plants from the tree classification and one-half (½) must be from the shrub classification.

(3)

Front and corner side yard landscaping shall be planted in the required front or corner side yard. If there is additional area between the required front or corner side yard and the closest on-site parking lot or building all or some of the required landscaping may be planted within such area subject to approval by the Site Plan Review Board.

16.4.b. Parking Lot Landscaping.

(1)

The number of points that must be achieved for parking lots through landscaping shall be equal to the total number of parking spaces provided. The points may be achieved through the use of any combination of trees and/or shrubs.

(2)

When a parking lot has less than one hundred (100) parking spaces the landscaping may be placed within interior curbed parking islands and/or within ten (10) feet of the perimeter of the parking lot.

(3)

When a parking lot has one hundred (100) or more parking spaces, one-half (½) of the required points shall consist of shade trees planted in curbed islands within the interior of the parking lot. The intent of this provision is to break up large expanses of pavement and to provide shading by locating shade trees away from the perimeter and within the interior of parking lots.

(a)

Parking lot islands shall be curbed with concrete or a functionally equivalent material that must be approved by the Zoning Administrator. The following materials are not considered functionally equivalent to concrete curbs and are therefore unacceptable for use as curbs within the City of Peoria:

•Landscape timbers

•Railroad ties

•Wood/lumber

•Concrete wheel stops

(4)

The minimum area for planting all types of trees within parking lots shall not be less than 157.25 square feet. Shade trees and intermediate trees shall not be planted in any area with a width of less than five (5) feet. Evergreen trees shall not be planted in an area with a width of less than ten (10) feet. Shrubs shall not be planted in areas with a width of less than two (2) feet. When plants are proposed to be planted within curbed islands or adjacent to curbs the width of such planting areas shall be measured from inside of curbs. The locations of the parking lot landscaping will be subject to review by the Site Plan Review Board.

16.4.c. Transitional Buffer Yard Requirement and Landscaping. All non-residential zoning lots which abut, or, in the absence of an alley, would abut any residential zoning lot or district shall be required to provide a Transitional Buffer Yard (TBY) unless otherwise provided for in this article. Multifamily zoning lots containing more than two dwelling units which abut, or, in the absence of an alley, would abut any single-family district are also required to provide a TBY.

If there is a significant naturally occurring visual break between the non-residential and residential lots, such as a wooded stream, ravine, or an area with extensive natural vegetation, the alternative compliance provisions described in Section 16.5 may be worth consideration.

(1)

Depth of Yard. The non-residential lot, as described above, is required to have a TBY that is 10% of the lot width or depth, whichever is applicable. However, no (TBY) shall be less than ten (10) feet and no TBY shall be required to be more than twenty-five (25) feet

(2)

Reduction of TBY Requirements. In those cases where the residential zoning lot adjoining or across the alley from the subject non-residential zoning lot has been developed other than single or multi-family residential, the Site Plan Review Board shall have the authority to reduce the TBY requirements. This authority may be exercised when the Site Plan Review Board determines that the proposed reduction will not have a negative impact on the subject residential lot.

(3)

Dispute Resolution. The Site Plan Review Board shall have the final authority to determine the depths and location of the Transitional Buffer Yards for irregularly shaped parcels, or other parcels when there is a dispute on the depth and location of a TBY. The yard depth or width for a yard with varying widths or depths will be measured from the yard's mid-point.

(4)

Prohibited Materials in the TBY. Any TBY required pursuant to this ordinance shall be maintained as a planted or landscaped area only. Exotic, invasive woody plants (Section 16.7.c.) must be removed from the TBY. No driveways, refuse containers, storage, aisleways, vehicular maneuvering area, mechanical equipment, sidewalks, materials other than landscaping, or structures of any form shall be located within any required TBY. However, if an emergency exit into the TBY area is required by code, a concrete pad of no more than 23 square-feet may be placed at grade level immediately outside of the required exit.

(5)

Utility Structures. Utility structures as described in section 6.3.a. of this ordinance may be permitted in a TBY on a case by case basis and only through the Alternative Compliance provisions of this article.

(6)

Determination of Required Plant Materials for Transitional Buffer Yards.

(a)

The number of points that must be achieved through landscaping in a TBY shall be based on the overall length of the TBY as measured along the TBY property line. For example, if the property line running the length of the TBY is 180 feet long, then 180 points must be achieved through landscaping.

(b)

One-half (½) of the points for TBY landscaping must be achieved by utilizing plants from the tree classification and one-half (½) must be from the shrub classification.

(c)

No more than one-quarter (¼) of the total points in the TBY may come from any one (1) species. As an example, oak is not a species, but white oak, black oak, and burr oak would each qualify as different species. The net effect of 16.4.c.(6)(b) and (c) is that two (2) species of trees and two (2) species of shrubs will be required in the TBY at a minimum, and perhaps more depending on the point totals for each.

(d)

All shade trees in a TBY must be two and one-half (2½) inches caliper size or larger.

(7)

Screening of activity areas. On-site activity areas as described below that are adjacent to a required TBY are required to be visually screened with a fence, wall, berm, planting or combination thereof which achieves a substantially solid six-foot visual barrier. If a fence or wall is used to meet this requirement it must be located between the activity area and the TBY. This visual barrier shall be required when all or any portion of the subject site that is adjacent to the required TBY is planned or used for the following activities:

(a)

Refuse container/dumpster loading, unloading, or storage;

(b)

Storage or display of materials or merchandise;

(c)

Loading or unloading of passengers or goods;

(d)

Production, assembly, processing, or demolition of goods;

(e)

Parking, temporary or permanent, of vehicles.

These requirements shall be in addition to all other landscaping requirements of any type.

When plantings are utilized to meet this requirement they must be capable of achieving a substantially solid visual barrier within two (2) years from the date of the issuance of a Certificate of Occupancy by the City of Peoria.

16.4.d. Incentive for Preserving Existing Landscaping. Existing landscaping that is in a vigorous growing condition and is not specifically prohibited by this ordinance may count toward meeting the point requirements of this ordinance. Furthermore, the following plant materials will be awarded ten (10) points (added to base value) per tree when preserved:

If the tree dies within five (5) years, full replacement of the landscaping points will apply, including the points credited as an incentive for preserving the existing landscaping.

A special incentive will apply to the preservation of larger shade trees, with additional restrictions:

Shade Trees ten-inch diameter (seventy-nine-inch circumference) or greater (DBH)

Two (2) points per inch (added to the base value) will be given for each inch of the tree's diameter (DBH). For a tree with the minimum ten-inch diameter, this would result in an additional twenty (20) points. This incentive will be capped at a tree with a fifty-inch diameter, which would result in a maximum of an additional one hundred (100) points. To receive this special incentive, the existing tree roots must be protected outside the drip line by a six-foot high chain link fence and from trenching within the drip line during the construction process. If the tree dies within five (5) years, full replacement of the landscaping points will apply, including the points credited as an incentive for preserving the existing landscaping.

16.4.e. Incentive for Planting Larger Landscaping. Planting of landscaping larger than the minimum required sizes specified in section 16.7.c will be rewarded with five (5) additional points (added to base value) per tree when the proposed sizes are as follows:

16.4.f. Ground Cover and Mulching Requirements.

(1)

Ground Cover Requirements. All yards shall be planted and maintained with a vegetative ground cover such as sod or seed. Other low growing plants (evergreen or broadleaf evergreen plants with a mature height of one (1) foot or less) may also be utilized.

When low growing broadleaf evergreen plants such as Pachysandra, Vinca minor, and Purpleleaf Wintercreeper are utilized to meet the ground cover requirements they shall be planted together in continuous beds, mulched with shredded hardwood bark or cypress mulch and spaced in such a way that they achieve a substantially continuous ground cover within two (2) years from the date a Certificate of Occupancy is issued by the City of Peoria.

Creeping Junipers may be mulched with shredded hardwood bark, cypress, or gravel mulch and must meet the same coverage timeline as stated for broadleaf evergreen ground covers.

(2)

Mulching requirements. All required shrubs and trees shall be mulched and maintained with shredded hardwood bark, cypress, other suitable organic material, or gravel mulch. Plant groups shall be mulched in a continuous bed in which the edge of the mulching bed does not extend any more than four (4) feet beyond the edge of the plantings.

When required shrubs or trees are planted individually and away from nearby plants they shall be encircled in a mulched area with a diameter of no more than five (5) feet. Evergreen trees are allowed a mulched circle with a diameter large enough to accommodate the spread of the tree and up to four (4) additional feet of mulch beyond the edge of the tree.

All mulch proposed to be placed within or directly adjacent to a parking lot shall be shredded hardwood bark or cypress mulch. Gravel mulch, River Rock, or like rock is not permitted within or directly adjacent to parking lots.

(Ord. No. 13670, § 1, 1-18-94; Ord. No. 13813, § 1, 9-20-94; Ord. No. 13898, § 1, 3-14-95; Ord. No. 14658, § 1, 1-19-99; Ord. No. 15603, § 1, 3-23-04; Ord. No. 15882, § 1, 2-7-06)

Petitioners may choose to follow the point system described above or to submit a landscape plan to the Zoning Administrator under the alternative compliance provisions of this section. The alternative compliance provisions are intended to give the petitioner the flexibility needed to respond to unique site issues and client needs and still meet the intent of this article.

16.5.a. No Appeal of Zoning Administrators Review. If the petitioner chooses to submit a landscape plan through the alternative compliance provisions there will be no appeal of the Zoning Administrator's review. Denial by the Zoning Administrator will require that the petitioner amend the plan through the alternative compliance process or submit a plan through the standard point system process.

16.5.b. Basis for Review. Landscape Plans submitted through the alternative compliance process shall fully achieve the performance standards as described in Section 16.3.

16.5.c. Minor Adjustments to Existing Special Uses.

(1)

Plan Submission. When a minor adjustment to landscaping is planned for an existing special use the petitioner may either request a public hearing before the Zoning Commission and final approval by the City Council or they may submit the amended plan to the Zoning Administrator for review through Alternative Compliance.

(2)

Zoning Administrators Authority. The Zoning Administrator shall have the authority to determine whether the proposed adjustment will have any impacts other than on the landscaping. The Zoning Administrator. shall have the authority to approve the proposed amendment or state that the request must be processed through the Zoning Commission and the City Council.

(3)

Appeals. The decision of the Zoning Administrator shall be final. There shall be no appeal of the Zoning Administrators decision.

(Ord. No. 13670, § 1, 1-18-94)

16.6.a. Landscape Plan Submittal Requirements.

(1)

Zoning Certificate Required. A zoning certificate shall be applied for and approved for all projects requiring Site Plan Review. Such application for a zoning certificate which requires the submittal of a site plan must be accompanied by a landscape plan that contains all of the information required in Section 16.6.b. prior to or in conjunction with an application for a building permit.

(2)

Indication of Preferred Review Process. The petitioner shall indicate in writing on their application for a zoning certificate whether they want the landscape plan to be reviewed under the point system process or the alternative compliance process.

(3)

Project Timing. All landscape plans must be submitted for approval and a zoning certificate issued for required landscaping prior to installation of landscaping.

16.6.b. Content of Landscape Plan. The following information must be shown on the required landscape plan:

(1)

North arrow, scale, date of preparation and revisions, name of designer/drafter;

(2)

Location of all buildings, Structures, and pavement that are proposed or will remain on the site;

(3)

Location of all existing or proposed watercourses, ponds, lakes;

(4)

Location, size, and common name or Latin name of any existing trees or shrubs that are to remain;

(5)

Location of all landscaping that is proposed for the site including any trees, shrubs, groundcover, ornamental grasses, and flower beds (plants should be drawn at one-half (½) of their mature size);

(6)

Location of any existing or proposed signs, walls, fences, berms (one foot contour intervals), site furniture, lights, fountains, and sculptures on the site;

(7)

Location of all property lines;

(8)

Location of all curb lines of existing or proposed streets, alleys, and parking lots;

(9)

Location of all sidewalks that are proposed for the site or currently adjoin the site.

(10)

Plant list that describes the common name (available in any nursery catalog), quantity, and size at installation for each proposed plant.

(11)

Any additional information that the Zoning Administrator determines is necessary to adequately review the proposal

(Ord. No. 13670, § 1, 1-18-94; Ord. No. 15415, § 1, 12-17-02; Ord. No. 15603, § 1, 3-23-04; Ord. No. 15882, § 1, 2-7-06)

16.7.a. Plant Selection. Plant materials provided in conformance with the provisions of this Article shall have been grown in a nursery that complies with the propagation standards of the American Association of Nurserymen. All plant materials shall be capable of withstanding the extremes of individual site microclimates.

16.7.b. Trees and shrubs for which points cannot be earned. These plants, whether planted or existing, will not be eligible for use in meeting any of the requirements of this article. If they are planted or retained, no points shall be credited under any provision of this article.

(1)

The following trees are weak-wooded and generally undesirable within the urban landscape:

a.

Box Elder Acer negundo

b.

European Mountain Ash Sorbus aucuparia

c.

European White Birch Betula pendula

d.

White Mulberry Morus alba

e.

Lombardi & Boliana Poplar Populus nigra cv.

f.

Purple Leaf Plum Prunus cerasifera

g.

Russian Olive Eleagnus angustifolia

h.

Siberian Elm Ulmus pumila

i.

Willow Salix spp.

j.

Black Locust Robinia pseudoacacia

(2)

The following shrub is undesirable due to its propensity to spread to adjacent land:

a.

Multiflora Rose Rosa multiflora

16.7.c. Exotic, Invasive Woody Plants. The following plants are exceptionally invasive and will damage native ecosystems and cause economic losses in the attempt to control their spread. They must be removed from the site on a current and ongoing basis. Please note that most of these plants are on the Illinois Banned Species List, and are illegal to buy, sell, or plant in the State of Illinois.

1.

Tree of Heaven Ailanthus altissima

2.

Autumn Olive Eleagnus umbellatus

3.

Tartarian Honeysuckle Lonicera tartarica

4.

Glossy Buckthorn Rhamnus frangula

Common Buckthorn Rhamnus cathartica

Saw-toothed Buckthorn Rhamnus arguta

Dahurian Buckthorn Rhamnus davurica

Japenese Buckthorn Rhamnus janponica

Chinese Buckthorn Rhamnus utilis

5.

Kudzu Pueraria lobata

6.

Round-leaved Bittersweet Celastrus orbiculatus

7.

Japanese Honeysuckle Lonicera japonica

16.7.d. Minimum Plant Material Size. All trees required by the article shall, at the time planting, [shall] be of the following minimum size. Trunk caliper shall be measured two (2) feet above the ground:

(1)

Shade Trees- Trunk caliper (diameter) of two and one-half (2½) inches.

(2)

Evergreen Trees- Six (6) feet in height.

(3)

Intermediate Trees- Single stem varieties shall have a trunk caliper (diameter) of one and one-half (1½) inches. Multi-stem varieties shall have a minimum height of six (6) feet.

(4)

Shrubs (all)- Two (2) feet in height or spread.

(Ord. No. 13670, § 1, 1-18-94; Ord. No. 15603, § 1, 3-23-04)

16.8.a. Responsibility. The owner of the premises shall be responsible for the watering, maintenance, repair, and replacement of all landscaping, fences and other visual barriers including refuse disposal area screens which have died (in the case of plant material) or fallen into disrepair (in the case of fences).

16.8.b. Plant Materials. All required plant materials shall be maintained in a healthy, vigorous growing condition, and neat and orderly appearance. They shall be replaced as necessary, and shall be kept free of refuse, debris and exotic, invasive woody plants (see Section 16.7.c).

16.8.c. Fences and Walls. All fences, walls and other barriers shall be maintained in good repair, meaning structurally sound and attractive in appearance. All fences, required or otherwise, shall have the finished face directed toward residential property, where a residential property is adjacent to or across from the subject site.

16.8.d. Penalty for Noncompliance with Maintenance Standards. A property owner, notified by the Zoning Administrator, that their landscaping violates the provisions of this Section 16.8 shall be granted a reasonable period of time within which to restore or replace said plant material, fence, wall and/or other barrier. If said violation is not corrected within the given period of time, the property owner shall be subject to a fine as set forth in Section 2.18.

(Ord. No. 13670, § 1, 1-18-94; Ord. No. 15603, § 1, 3-23-04)

All refuse disposal areas shall be screened on four (4) sides (including a gate for access) by a solid, commercial-grade wood fence, wall, or equivalent material with a minimum height of six (6) feet and not greater than seven (7) feet in accordance with the provisions of Section 3.2.f.2(e) Fences.

(Ord. No. 13670, § 1, 1-18-94)

All roof top and ground level mechanical equipment and utilities shall be fully screened from view of any street or residential zoning district as seen from six (6) feet above ground level.

(Ord. No. 13670, § 1, 1-18-94)

Any scrap, junk, salvage, reclamation or similar yard, or any auto salvage yard shall provide a solid fence or wall on all lot lines with only such openings as are necessary for ingress or egress. Said fence or wall shall be maintained in a neat and orderly appearance and shall be of such height that any materials stored within the confines of the fence cannot be seen above a line of sight established between a point four and one-half feet above the centerline of the street nearest to that fence, and the top of said fence.

(Ord. No. 13670, § 1, 1-18-94)